dolo eventual

English translation: wanton disregard (for human life)

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http://www.insidesocal.com/crime/2008/05/wanton-disregard-fo...
"A Superior Court judge on Monday upheld the murder charge against Ara Grigoryan, the man charged in the July 2007 hit-and-run death of Elizabeth Sandoval. Grigoryan's defense team had sought to reduce the murder charge before going to trial, arguing that prosecutors made certain assumptions about the incident and had overblown the 20-year-old's prior driving infractions to infer a "wanton disregard" for human life -- a key finding for murder."

http://usmilitary.about.com/library/milinfo/mcm/bl118.htm
"(4) Act inherently dangerous to others.
(a) Wanton disregard of human life. Intentionally engaging in an act inherently dangerous to another—although without an intent to cause the death of or great bodily harm to any particular person, or even with a wish that death will not be caused—may also constitute murder if the act shows wanton disregard of human life. Such disregard is characterized by heedlessness of the probable consequences of the act or omission, or indifference to the likelihood of death or great bodily harm. Examples include throwing a live grenade toward another in jest or flying an aircraft very low over one or more persons to cause alarm. "

http://www.answers.com/topic/wanton-disregard
"Legal phrase used in Negligence cases to describe one person's overwhelming lack of care for the rights or well-being of another. Wanton disregard of another's rights is evidence of Gross Negligence."

NEW law and evidently wrong wording....unintentional homicide=manslaughter= same level of a murderous act...the man is a murerer the moment he pressed the gas pedal while giving no meaning to another's life.......this situation is disgusting

wanton
['wänt-en, 'wônt-]
: manifesting extreme indifference to a risk of injury to another that is known or should have been known: characterized by knowledge of and utter disregard for probability of resulting harm
Example: a wanton act
Example: by such wanton or willful misconduct
(see also reckless)
Note: Wanton reckless, and willful are often used to refer to an aggravated level of negligence that borders on intent and that is often ground for an award of punitive damages.

reckless intent makes perfect sense to me but my question lingers... would an American/ English lawyer understand what I'm talking about if I talk to him/her about reckless intent?

No problem if you ask. That's what this site is all about. I've never heard of "assented malice", and less so as a legal or psychological term. After all, "malice" is a way of acting or even a way of being. Also, "to assent" tends to mean "dar conformidad", which I don't think is applicable here.

"malicious intent" is a legal criminal term used in cases like the ones you've mentioned. "dolo" as such could simply be "malice", in this case "possible malice", but given the context, it certainly sounds like malicious intent to me considering that the driver did not conscientiously hit the pedestrian (he couldn't care less), whereas in your first example, it was definitely "malice".

Thank you Margaret. Good point. This is one of the translation I've seen a lot. Why "intent"?. The "dolo eventual" is not an intent. It is a fact - difficult to prove as it is a psychological state. - But a fact anyway. Please share.

Thank you Margaret. Good point. This is one of the translation I've seen a lot. Why "intent"?. The "dolo eventual" is not an intent. It is a fact - difficult to prove as it is a psychological state. But a fact anyway. Please share.

The article discusses the structure of dolus eventualis (recklessness), considering its contemporary phenomenology, and the contributions of judicial decisions and legal scholarship in Germany and Italy. Especial consideration is given to the cases of sexually transmitted diseases and the refusal of blood transfusions to children by their Jehova's Witnesses parents. It is argued that the dominant doctrine of consent or acceptance does nor adequately resolve the analyzed phenomena, and a proposal is advanced towards a legal definition of the concept of recklessness.

Reclaiming Fundamental Principles of Criminal Law in the Darfur Case
George P. Fletcher* and Jens David Ohlin**

* Cardozo Professor of Jurisprudence, Columbia University Law School; member of the Journal 's Board of Editors; fletch@law.columbia.edu. ** Ph.D., Columbia University; J.D., Columbia University Law School; jdo18@columbia.edu.

According to the authors, the Report of the UN Commission of Inquiry on Darfur and the Security Council referral of the situation in Darfur to the International Criminal Court (ICC) bring to light two serious deficiencies of the ICC Statute and, more generally, international criminal law: (i) the systematic ambiguity between collective responsibility (i.e. the responsibility of the whole state) and criminal liability of individuals, on which current international criminal law is grounded, and (ii) the failure of the ICC Statute fully to comply with the principle of legality. The first deficiency is illustrated by highlighting the notions of genocide and genocidal intent, as well as that of joint criminal enterprise. The second is exposed by drawing attention to the uncertainties and ambiguities surrounding such notions as recklessness and dolus eventualis, and in addition to the frequent reliance in both international case law and the legal literature on...http://jicj.oxfordjournals.org/cgi/content/abstract/3/3/539

Article 30 of the Rome Statute of the International Criminal Court provides a general definition for the mental element required to trigger the criminal responsibility of individuals for serious violations of international humanitarian law. At first sight, it appears that the explicit words of Article 30 are sufficient to put an end to a long-lasting debate regarding the mens rea enigma that has confronted the jurisprudence of the two ad hoc Tribunals for the last decade, but this is not true. Recent decisions rendered by the International Criminal Court evidence the discrepancy among the ICC Pre-Trial Chambers in interpreting the exact meaning of Article 30 of the ICC Statute. The paper challenges that dolus eventualis is one of the genuine and independent pillars of criminal responsibility that forms, on its own, the basis of intentional crimes, and suggests its inclusion in the legal standard of Article 30 of the ICC Statute.http://caliber.ucpress.net/doi/abs/10.1525/nclr.2009.12.3.43...

According to legal scholars and traditions, mens rea can take one of three forms:

- dolus directus (direct intent), where the consequences of an action were both foreseen and desired by the perpetrator. Here, a perpetrator desires the death of a victim and foresees that a certain act will bring about the death of the victim;

- dolus indirectus (indirect intent), where secondary consequences in addition to those desired by a perpetrator of an act were foreseen by the perpetrator as a certain result, although the perpetrator did not specifically desire these secondary consequences, he still committed the act with knowledge of them; and

http://www.insidesocal.com/crime/2008/05/wanton-disregard-fo...
"A Superior Court judge on Monday upheld the murder charge against Ara Grigoryan, the man charged in the July 2007 hit-and-run death of Elizabeth Sandoval. Grigoryan's defense team had sought to reduce the murder charge before going to trial, arguing that prosecutors made certain assumptions about the incident and had overblown the 20-year-old's prior driving infractions to infer a "wanton disregard" for human life -- a key finding for murder."

http://usmilitary.about.com/library/milinfo/mcm/bl118.htm
"(4) Act inherently dangerous to others.
(a) Wanton disregard of human life. Intentionally engaging in an act inherently dangerous to another—although without an intent to cause the death of or great bodily harm to any particular person, or even with a wish that death will not be caused—may also constitute murder if the act shows wanton disregard of human life. Such disregard is characterized by heedlessness of the probable consequences of the act or omission, or indifference to the likelihood of death or great bodily harm. Examples include throwing a live grenade toward another in jest or flying an aircraft very low over one or more persons to cause alarm. "

http://www.answers.com/topic/wanton-disregard
"Legal phrase used in Negligence cases to describe one person's overwhelming lack of care for the rights or well-being of another. Wanton disregard of another's rights is evidence of Gross Negligence."

Explanation:I think that the definitions in the Alcaraz Varó dictionary for "dolo" capture the essence of what is meant well. I would go with "criminal intent" because it gets across the meaning of deliberate or malicious motives.

Flavio Posse: Criminal intent is one of the elements in first degree murder (example 1). Vehicular manslaughter (example 2) lacks intent, it's not willful or premeditated. Criminal intent is willful and often premeditated.